Terms and conditions.

The full terms

Every clause, in plain words.

1. 01Who these terms are between

   These terms are an agreement between Nivas, of Bhagwat Glory, Near Pragati Cinema, Mota Varachha, Surat, Gujarat 394101, India ("Nivas", "we"), and the housing society or association that uses the Nivas platform ("the Society").

   They also apply to every person who signs in on the Society’s behalf: the chairman, secretary, treasurer and other committee members, and the residents and members who use the app to see their records or pay their dues.

   For example, when Bhagwat Glory uses Nivas, Bhagwat Glory is the Society, its committee runs it on the platform, and the owners and tenants of its flats are its members.

2. 02What Nivas provides

   Nivas is software for running a society: maintenance billing and dues, the society fund and accounts, parking, resident and occupancy records, committee roles, and, where the Society turns it on, online collection of maintenance from members.

   Nivas is a technology platform. It is not a bank, a payment aggregator, an escrow agent or a payment system operator, and it does not take deposits.

3. 03Accounts and access

   Logins are issued against the Society’s own records: a member signs in with the phone number the committee holds for their flat, and sees what the seat they hold allows. The committee decides who holds which seat, and is responsible for keeping that list current when members move or committees change.

   Keep your login to yourself. Anything done from your account is treated as done by you until you tell us it has been misused.

4. 04Online maintenance payments

   When the Society turns on online payments, members can pay their dues in the app. Payments are processed by ICICI Bank Orange Payment Gateway. Members pay on the bank's own payment page, and card, UPI and bank credentials are entered there, never in Nivas.

   The amount is not typed by the member. Nivas works it out from the Society’s own ledger: this month’s bill, or everything outstanding, including any late fee the Society’s rules apply. The member chooses which; the bank is asked for that exact figure.

   A payment counts as paid only when ICICI Bank confirms it to our server. The receipt is then filed against the flat automatically, exactly as if the treasurer had entered it at the desk. If the bank has not decided yet, we keep asking it for up to 4 days, and after that a person checks it with the bank.

   The bank settles payments into the Society's registered bank account, generally on a T+1 working day cycle. Bank holidays, reconciliation, risk reviews and regulatory requirements can delay a settlement, and Nivas does not guarantee instant settlement.

5. 05Charges

   ICICI Bank charges a merchant discount rate (MDR) and related fees on each payment, at the rate agreed with the bank for that payment mode. These are deducted by the bank from the settlement, so they are borne by the Society.

   Nivas charges members no convenience fee on top of their dues. If that ever changes, any fee will be shown to the member before they pay, and this page will be updated with notice first.

   What the Society pays Nivas for the platform itself is set out on the pricing page.

6. 06What the Society is responsible for

   • Being legally entitled to collect maintenance and other dues from its members, and holding any committee resolution its bye-laws require before collecting online.
   • The accuracy of what it enters: maintenance amounts, late-fee rules, member and flat records, and its bank account details.
   • Its own accounting, audit, tax and statutory compliance. Nivas keeps the records; it does not file or certify them.
   • Using the platform only for lawful society dues, and never for anything else.

7. 07What a member is responsible for

   • Paying from a method they are entitled to use.
   • Raising a disputed bill with the committee first. The committee sets the dues; Nivas records them.
   • Not paying a second time while a payment is still being confirmed. The app resumes the payment already open rather than starting another.

8. 08What Nivas is responsible for

   • Providing the platform and keeping it available and secure, with reasonable effort.
   • Recording every payment the bank confirms, against the right flat, with a receipt.
   • Giving the committee the transaction, settlement and reconciliation reports it needs to match the bank to the books.
   • Working with the bank on any technical problem with a payment.

9. 09Refunds and chargebacks

   A refund to a member is sent only on the authority of the Society’s committee, because the money belongs to the Society. The refund policy sets out when a refund applies and how long each step takes.

   The Society is responsible for chargebacks, disputed transactions and fraudulent claims raised against payments to it, and for any penalty the bank imposes on them. Where ICICI Bank, the Reserve Bank of India, a court or a law-enforcement agency requires it, a settlement may be held or reversed.

10. 10Fees for the platform

    There is no fee during the pilot. After launch, the platform is charged per flat, per month, at the price on the pricing page. No society is billed without agreeing to a plan in writing first.

    Prices are shown inclusive of everything Nivas charges. If a tax becomes applicable to our fees, it will be shown on the invoice, and societies will be told before it applies.

11. 11Data and privacy

    How we collect, use, store and delete personal data is set out in the privacy policy, which forms part of these terms.

    Payment information is shared with ICICI Bank only to process, reconcile and protect payments, and to meet the bank's and the law's requirements.

12. 12Acceptable use

    Do not use Nivas to process any payment other than a genuine society due, to impersonate someone, to get into an account or a society that is not yours, or to interfere with the platform. We may suspend access that does any of these.

13. 13Limitation of liability

    Nivas is not liable for losses caused by things outside its control: a bank or payment-gateway failure or delay, an internet or network outage, or a force majeure event.

    Where Nivas is liable, its total liability to the Society is limited to the platform fees the Society paid Nivas in the three months before the claim. Nothing here limits a liability that Indian law does not allow to be limited.

14. 14Indemnity

    The Society agrees to indemnify Nivas against claims, losses and penalties that arise from its own incorrect billing, from society disputes, from a transaction it should not have collected, or from its breach of the law or of these terms.

15. 15Suspension and termination

    The Society can stop using Nivas at any time; the cancellation policy explains what happens to its plan, its payments and its records.

    Nivas may suspend online payments or the Society’s access for suspected fraud, regulatory non-compliance, excessive chargebacks, misuse, or a breach of these terms. We give notice and a chance to put it right, unless the bank or the law requires us to act at once.

16. 16Changes to these terms

    If we change something material, we update the date at the top of this page and post a notice in the app for every committee at least seven days before it takes effect. Continuing to use Nivas after that date means the Society accepts the change.

17. 17Accepting these terms

    A committee member who accepts these terms in the app, or who turns on online payments, confirms that they have read them and are authorised to accept them on the Society’s behalf. A member who pays in the app accepts the parts that apply to members.

18. 18Governing law and disputes

    These terms are governed by the laws of India. Disputes arising from them are subject to the exclusive jurisdiction of the courts at Surat, Gujarat.

    Before going to court, write to us at contact@nivasapp.in. Most problems are a phone call away from being fixed.